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国务院关于加强税收管理和严格控制减免税收的通知 CIRCULAR OF THE STATE COUNCIL CONCERNING ENFORCING TAX ADMINISTRATION AND STRICTLY CURBING TAX EXEMPTION AND REDUCTION

2006-05-17 10:24   我要纠错 | 打印 | 收藏 | | |

国发(1993)51号
(July 23, 1993)
颁布日期:19930723  实施日期:19930723  颁布单位:国务院

  This year, based on the foundation of rapid development in national economy, there is also an increase in tax revenue, but, its increasing range does not correspond to that of production, one of the important reasons of which is that, some localities and units violate state tax law, overstep their competence, provide tax reduction and exemption without authorization and enlarge the scope of tax exemption and reduction, formulate policies for tax incentives without authorization, prolong time limit for tax exemption and reduction, contract turnover tax, even evade state taxation with illegal means and consequently cause serious loss of taxation. For purpose of enforcing state tax law, to guarantee the timely and full turning of national tax which should be submitted into State Treasury, to fulfill the tax task of this year better and increase financial revenue, to curb the national financial deficit within the budgeted amount, and promote the development of national economy in a quicker and better way, some issues relating to enforcing tax administration and strict curbing of tax exemption and reduction are hereby notified as follows:

  1. Strictly curbing tax (including tariff) exemption and reduction this year, the State shall issue no more new policies for tax exemption and reduction, all provisional and difficulty-caused tax exemption and reduction shall be stopped for examination and approval. The tax exemption and reduction regulated by national policy shall be examined and approved strictly according to tax administrative system, those among which, on expiration of their tax exemption and reduction period according to related policy, shall resume to their tax liability immediately. The withholding agency system shall be strictly applied for Individual Income Regulation Tax, those who do not perform their withholding liability, shall pay the tax due, otherwise, they shall be handled according to the provisions in the Law of the People's Republic of China on the Administration of Tax Collection. Administration of the regulation tax on investment orientation for fixed assets shall be enforced and there shall be no exemption and reduction.

  2. Earnestly clear up tax incentive policies made in illegal and unauthorized way. All kinds of tax incentive policies (including foreign related tax policies) made be respective regions and departments which overstepped their own authority and at their own discretion in violation of the provisions of the Law on the Administration of Tax Collection and policies of the State shall be invalidated uniformly. All kinds of economic development zones with no approval from the State Council shall not benefit uniformly from respective tax incentive policies provided by the State for the economic development zones at national level.

  3. Take decisive measures, resolutely correct wrong practice of contracting turnover tax. Turnover tax being the main tax of the State and the main source of state revenue, must be collected according to law and brought into line with budgetary system. No matter what kind of finance system is followed by respective regions and departments, it is not permissible to contract turnover tax for enterprises at one's own discretion. All whose who have contracted turnover tax by themselves must correct it immediately.

  4. Clear up delinquent tax in earnest. The system to collect additional pecuniary penalty for delinquent payment must be strictly applied; For those in arrears with tax payment, tax departments or customs office shall inform banks to withhold the tax due and turn it into State Treasury. Banks should ensure the timely and full submission of tax to the Treasury, it is not allowed to seize or hold tax, otherwise, leading personnel of the work units of the seizers and holders shall be investigated for their responsibility.

  5. Enforce administration concerning tax refund for exportation. Strictly implement `the 2-invoices-and-2-forms` (i.e. specified tax invoice, invoice of input goods and declaration form for exportation, verification form for payment receipt)system, no refund is allowed for cases inconsistent with the provisions. Those who try to obtain refund by fraud shall be severely dealt with according to law.

  6. Actually enforce administration of tax collection for individual industrial and commercial households, private-owned enterprises, collective-owned enterprises and enterprises with foreign investment. To individual industrial and commercial households, a general adjustment on their fixed tax amount shall be carried out timely in combination with the adjustment on business tax rate. Strict administration of tax collection for large private-owned enterprises shall been forced vigorously, the book-keeping and financial system should be set up and the tax should be levied according to verification. To enterprises with foreign investment, effective measures should be taken to strengthen the work against tax avoidance and to block the loopholes of fiscal omission and evasion through transfer of profits by enterprises with foreign investment, to ensure that the tax due is collected fully.

  7. Regarding respective kinds of banks, financial, insurance enterprises, and non bank financial institutions set up by respective regions and departments, their income tax liability must be fulfilled in accordance with the regulations of the State. Henceforth, income tax on respective newly established banks, financial, insurance enterprises by respective regions and departments shall be paid uniformly to the central finance.

  8. Strictly enforce administration of tax collection of the `2 funds` (i.e. the key construction fund for energy and communication and the budgetary adjustment fund)。 Respective local governments at all levels and departments concerned are not allowed to provide tax exemption or reduction on the `2 funds` without authorization. Those who have overstepped their authority by granting reduction or exemption must immediately make correction. For the ones who have omitted or are owing the `2 funds`, a plan of making the payment due should be worked out and the funds in arrears shall be paid within a limited time period. For the respective localities who have failed to perform the task of turning the` 2 funds` to the center due to tax exemption and reduction without authorization, the sharing part of the localities from the `2 funds` shall be reduced and deducted accordingly by the central finance.

  People's Governments at all levels should further enforce the leadership in respect of taxation, vigorously support legal tax collection by tax organizations. Departments of industrial and commercial administration, public security, supervision, auditing and judicature should energetically support and coordinate with tax organizations in the performance of their responsibilities according to law. Tax organizations at all levels should strictly enforce the law on tax collection, abide by the principles and collect tax in accordance with law. Taxable units and individuals should increase the conscientiousness of having overall point of view and a sense of legal system, and pay tax spontaneously according to law. With a view to safeguarding the sanctities of the laws on finance and taxation and to enhancing macro control and supervision, the State Council has decid

  ed that, starting from August a general nation-wide check on taxation and finance shall be carried out, with the emphasis that whether respective taxes and the `2 funds` have been turned to the State Treasury according to national policies. In the general check respective omitted revenue should be recovered and turned over to the State Treasury, additionally the units and those directly responsible who Repeatedly break the rules in frequent checks, and violate laws with full knowledge of them shall be penalized with more severity in accordance with law.

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